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HomeMy WebLinkAbout10-0672- ;?, Taw ... 'f Ali. WHITE AND WILLIAMS L.L.P. X hn P. Encarnacion, Esq. Identification No.: 83990 Joseph G. Rattigan, Esq. Identification No.: 208985 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 215-864-7000 C _ t ATTORNEYS FOR PLAINTIFF Kinard Trucking, Inc. Kinard Trucking, Inc. 310 North Zarfoss Drive York, PA 17404 Plaintiff, VS. MARTINI, INC. 46 South Hunter Highway Drums, PA 18222 and EARNEST D. COMPTON 66AA RR 2 New Milford, PA 18834 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action-Law Term No: 10 - (p1,A a V * i-Fir r1 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT If you wish to defend against the claims set forth in the following pages you must take action within twenty 20 days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTWHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA 17013 800 9919008 0 $q,a. CC) PIN A1174 eY#a340s5q NOTICU LE HAN DEMANDADO A USTED EN LA CORTE Si usted quiere defenderse de estas demandas expuestas en ]as paginas siguientes usted tiene viente 20 dias de plazo al partir de la fecha de la demanda y la notificacion Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona Sea avisado que si usted no se defiende la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE PA 17013 8009919008 WHITE AND WILLIAMS L.L.P. John P. Encarnacion, Esq. Identification No.: 83990 Joseph G. Rattigan, Esq. Identification No.: 208985 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 215-864-7000 Kinard Trucking, Inc. 310 North Zarfoss Drive York, PA 17404 Plaintiff, ATTORNEYS FOR PLAINTIFF Kinard Trucking, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MARTINI, INC. 46 South Hunter Highway Drums, PA 18222 and EARNEST D. COMPTON 66AA RR 2 New Milford, PA 18834 Defendants. Civil Action-Law Term No: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: John Encarnacion, Esq., counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $38,740.00. The following attorney is interested in the case(s) as counsel or is otherwise disqualified to sit as an arbitrator: John Fox, Esq. Fox Greenberg, P.C. 1310 Two Penn Center 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. WHITE AND WILLIAMS LLP John T. Encarnacion, Esq. WHITE AND WILLIAMS L.L.P. John P. Encarnacion, Esq. Identification No.: 83990 Joseph G. Rattigan, Esq. Identification No.: 208985 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 215-864-7000 ATTORNEYS FOR PLAINTIFF Kinard Trucking, Inc. Kinard Trucking, Inc. 310 North Zarfoss Drive York, PA 17404 Plaintiff, VS. MARTINI, INC. 46 South Hunter Highway Drums, PA 18222 and EARNEST D. COMPTON 66AA RR 2 New Milford, PA 18834 Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action-Law Term No: ORDER OF COURT AND NOW, , 20 , in consideration of the foregoing petition, Esq., , Esq., and Esq., are appointed arbitrators in the above-captioned action as prayed for. By the Court, P.J. WHITE AND WILLIAMS L.L.P. John P. Encarnacion, Esq. Identification No.: 83990 Joseph G. Rattigan, Esq. Identification No.: 208985 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 215-864-7000 ATTORNEYS FOR PLAINTIFF Kinard Trucking, Inc. Kinard Trucking, Inc. 310 North Zarfoss Drive York, PA 17404 Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MARTINI, INC. 46 South Hunter Highway Drums, PA 18222 and EARNEST D. COMPTON 66AA RR 2 New Milford, PA 18834 Defendants. Civil Action-Law Term No: /0 _ & 7,)- L ;v, `I q c.om CIVIL ACTION COMPLAINT MOTOR VEHICLE ACCIDENT 1. Plaintiff Kinard Trucking, Inc. (hereinafter referred to as "Plaintiff' or "Kinard") is a corporation organized under the laws of the Commonwealth of Pennsylvania that provides general trucking services throughout numerous states including the Commonwealth of Pennsylvania, with a principal place of business located at 310 North Zarfoss Drive, York, Pennsylvania 17404. 2. Defendant Martini, Inc. (hereinafter referred to as "Martini") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania that provides truck load carrier, freight carrier, and/or general trucking services throughout numerous states, including the Commonwealth of Pennsylvania, having its principal place of business address located at 46 South Hunter Highway, Drums, PA 18222. 3. Defendant Earnest D. Compton (herein referred to as "Compton") is an adult individual who at all times relevant hereto is believed to be a citizen of the Commonwealth of Pennsylvania with an address of 66AA RR2, New Milford, PA 18834. 4. Jurisdiction and venue are proper in Cumberland County because all relevant actions and/or omissions giving rise to this litigation occurred in Southampton Township, Cumberland County, in the Commonwealth of Pennsylvania. 5. At all times relevant, Kinard was the owner of a 2001 Kenworth tractor trailer model T600B with a VIN number of 1XKADR9X41J869360. 6. At all times relevant, Defendant Martini, Inc. was the owner of a tractor trailer, believed to be a 2006 Kenworth, model T600 with a VIN number of 1XKAD49X76J161324, and with a Pennsylvania license plate of AE47203. 7. On or about January 29, 2008 and at approximately 11:50 p.m., Kinard's employee, Seth W. Felty, was operating the aforesaid 2001 Kenworth T600B tractor trailer traveling in a northerly direction on Interstate Route 81 in or around Southampton Township, in the County of Cumberland, in the Commonwealth of Pennsylvania. 8. At the same date and time, Defendant Martini's agent and/or employee, Compton, was operating Defendant Martini's aforesaid 2006 Kenworth T600 tractor trailer traveling in a -2- northerly direction on Interstate Route 81 in or around Southampton Township, in the County of Cumberland, in the Commonwealth of Pennsylvania. 9. At all times material hereto, on or about January 29, 2008 and at approximately 11:50 p.m., the roadway was wet due to the reported "rain and fog" weather conditions, and the two northbound lanes of Interstate Route 81 were not illuminated by street lights resulting in dark, foggy, and wet roadway conditions. 10. While operating Defendant Martini's 2006 Kenworth T600 tractor trailer in a northerly direction on Interstate Route 81 in Southampton Township, Defendant Compton negligently or recklessly, and without warning, traveled off of the roadway and on to the median, lost complete control of the vehicle then attempted to reenter the roadway, which caused the tractor trailer to overturn and flip on its side, completely obstructing both northbound lanes of travel on Interstate Route 81 resulting in a highly dangerous condition for all northbound motorists approaching this area. 11. Kinard's vehicle struck the overturned Defendant Martini's tractor trailer and was forced off the road as the overturned Martini tractor trailer completely blocked both northbound lanes of travel. 12. As a direct result of the negligence or recklessness of Defendant Martini's agent and/or employee Defendant Compton, a total of four commercial trucks and/or tractor trailers struck the overturned Defendants' tractor trailer, resulting in a five tractor trailer pile-up. 13. The aforesaid occurrence was caused solely by the negligence of the Defendant Compton and Defendant Martini, by and through its agent and/or employee Compton. -3- 14. On or about June 11, 2008, Defendant Compton was found guilty for "driving too fast for conditions," as charged under citation number Q0359799-6, and for "disregard of a traffic lane," as charged under citation number Q0359800-0. 15. The negligence of Defendants Compton and Martini, by and through its agent and/or employee Compton, individually, were the direct and proximate cause of the property damage to Kinard's tractor trailer and other related expenses in the amount of $38,740.00. COUNTI PLAINTIFF KINARD TRUCKING INC. v. DEFENDANTS (Negligence) 16. Kinard incorporates by reference the allegations of paragraphs 1 through 15 above as though same were set forth herein and at length. 17. Defendants Compton and Martini, Inc., by and through its agent and/or employee Compton, owed a duty of care to all motorists on the roadway, including Kinard's employee, Seth W. Felty, which included using due care at all times while operating the 2006 Kenworth T600 tractor trailer and preventing a dangerous condition that could cause property damage to Kinard's property. 18. Defendants Compton and Martini, by and through its agent and/or employee Compton, negligently and/or recklessly breached their duty of care due to the following actions and omissions: (a) Failing to use due care at all times while operating the 2006 Kenworth T600 tractor trailer; (b) Operating the tractor trailer vehicle without due regard for the rights, safety and position of Kinard's tractor trailer; (c) Operating the tractor trailer at a high, dangerous and reckless speed under the circumstances; (d) Failing to operate the tractor trailer in an attentive manner; -4- (e) Swerving off the road and then attempting to swerve back on to the highway from the median, losing complete control of the tractor trailer and causing the entire motor vehicle to overturn; (f) Failing to prevent a dangerous condition while operating the 2006 Kenworth T600 and causing the tractor trailer to flip over, resulting in the obstruction of both northbound lanes of Interstate Route 81. 19. The negligence of Defendants Compton and Martini, by and through its agent and/or employee Compton, individually, were the direct and proximate cause of the property damage to Kinard's tractor trailer and other expenses in the amount of $38,740.00. WHEREFORE, Plaintiff Kinard Trucking, Inc., hereby demands judgment in its favor and against Defendant Martini, Inc. and Defendant Earnest D. Compton for damages and losses in the amount of $38,740.00 together with interest, costs, attorneys fees, delay damages, and such other damages as may properly be awarded by this Honorable Court. COUNT H PLAINTIFF KINARD TRUCKING INC. v. DEFENDANT MARTINI INC. (Negligence-Respondeat Superior) 20. Kinard incorporates by reference the allegations of paragraphs 1 through 19 above as though same were set forth herein and at length. 21. It is believed, and therefore averred, that Defendant Compton was the agent, servant and/or employee of Defendant Martini. 22. Accordingly, Defendant Martini is vicariously liable for the actions and/or omissions of Defendant Compton, including the accident that caused the damages to Kinard's property and additional expenses associated therewith. 23. As a direct and proximate result of the negligence and carelessness of Defendant Martini's agent and/or employee, Defendant Compton, as detailed in Count I, Kinard sustained damages to their tractor trailer property and incurred additional expenses associated therewith in the amount of $38,740.00. -5- WHEREFORE, Kinard Trucking, Inc., hereby demands judgment in its favor and against Defendant Martini, Inc. and Defendant Earnest D. Compton for damages and losses in the amount of $38,740.00 together with interest, costs, attorneys fees, delay damages, and such other damages as may properly be awarded by this Honorable Court. Respectfully submitted, WHITE AND WILLIAMS LLP 111. I l1? /(0 By: -6- Encamacion, Esquire G. Rattigan, Esquire vs for Plaintiff Kinard Trucking, Inc. ?PX"CATION- 1, Billie Metzger, Treasurer of Kinard Trucking Inc., the PlaWtiff in the foregoing mattcr, am duly authorized to make this verification and do hereby verify that the facts contained in the foregoing complaint an true and connect to the best of my knowledge, information and belief. The undersigned makes these statements subject to the penalties of 18 Pa.R.C.S. § 4904 relating to unworn falsification to authorities. '--J Metzger Dated: 598W6v-1 -7- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~yx~?~t~' ~t 4:uurLr~~~r~d -G'-+,Jr-riu~ ''-~ TF~~r pc~-rf ^,;,~QT~,~Y Zf1f0I~rtR f ! 1"f~~ ~~ 25 Edward L Schorpp Solicitor ;"~.-1 _~ j-i, Kinard Trucking, Inc. vs. Martini, Inc. (et al.) Case Number 2010-672 SHERIFF'S RETURN OF SERVICE 02/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Martini, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Luzerne County, PA to serve the within Complaint and Notice according to law. 02/08/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Earnest D. Compton, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Susquehanna County, PA to serve the within Complaint and Notice according to law. 02/12/2010 10:20 AM -Susquehanna County Return: And now February 12, 2010 at 1020 hours I, Lance M. Benedict, Sheriff of Susquehanna County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Earnest D. Compton by making known unto himself personally, at The Susquehanna County Sheriffs Office, 11 Maple Street, Montrose, PA 18801 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/24/2010 Luzerne County Return: And now February 24, 2010 at 1138 hours I, Charles Guarnieri, Sheriff of Luzerne County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Martini, Inc. by making known unto Brian Bickhimer, Director of Operations for Martini, Inc. at 46 South Hunter Highway, Drums, PA 18222 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $71.00 March 10, 2010 SO ANSWERS, ~r RON R ANDERSON, SHERIFF ;cj C.oun`ySuit2 Shenff. 'T'Eecsuft. li;c. LUZERNE ~~~R'~~~~ ~E~i~-RTMENT Fax (570)825-1849 COUNTY (570) 825-1651 200 NORTH RIVER STREET • WILKES-BARRE, PENNSYLVANIA 18711 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS: You must file one instruction sheet PROCESS RECEIPT, and AFFIDAVIT OF RETURN fior EACH ~FfENt7AfVT. Please type ar print legibly. Do Not detach any copies. 1. PLAINTIFF( ~~ 2. COURT NUMBER 3. DEFENDANT(S) TYPE OF WRIT or COMPLAINT SERVE .NAME OF INDIVI. L, COMPANY, CORPORATION, C., TO SERVICE OR DESCRIPTION .PROPERTY BE LEVIED, ATTACHED OR SOLD. 6. ADDRESS Street, or RFD, A artment No., C ty, 8 ro., Twp., Stat nd Zip Code). AT ~- ~o~~Pn ~ ~n ~r~ m s ~ i ~~a 7. INDICATE UNUSUAL SERVICE: ^ CERT. MAIL ^ DEPUTIZE ^ POST OTHER Now, 20 ,1, SHERIFF OFy~IiP COUNTY, PA., do hereby deputize the Sheriff of County to exec thereof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF W7FRNF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. 9. PRINT//~~Y ME AN ADDRESS OF ATTORNEY RI~iINATORR,,~~ J hZ~. ~ ~s~ tliJh~-teed Wit ~(,'W1sL~ i lp'oD (~(1Gl-~ k¢~'E"CCQ.-f li i -~' t ~ b0 ne ~ ~ bu ~:y p 0.c, 5 e, h'~ l(tde.i ~ ~a, o SIGNA TELEPHONE NUMBER c ' ~~----~ 0.15 - $lo ~-- ~ N ONLY APPLICABLE ON WRR OF EXECUTION: N.B. WAIVER OF WATCHMEN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a wotchman, in custody of whomever is found in possession, offer notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destrucflon or removal of any such properhr before sheriff's saw thereof. AMOUNT PAID C.~ N ~ rTY /~-y1 l y.~rlJ . _ + r- ~, ~„/ ~~ m '~ +~ Yy ^-! •• ~r• 10. I acknowledge receipt of the writ l S TORE oy,Authorized LCSD Deputy /~ 11. Da led } i o c l i t I di t d 12. Expiration/Hearing e C r omp a n as n above. 1 ca e 2~ TO BE COMPLETED BY SHERIFF `' ~ ~J ~ 13. Served and made known to ~~` `lti ~ ,Defendant(s) p on the day of , 20 , at ,,~f • ~d o'clock, ~ M, r at w'~ ~~ County of Luzema Commonwealth of Pennsylvania, in the manner described below: ^ Defendant(s) personally served. ^ Adult family member with whom said Defendant(s) reside(s). Relationship is ^ Adult in Charge of Defendants residence. onager/Clerk of place of lodging in which Defe ant(s) reside(s). Agent or person in ch rge o D fondants office us I place o busin ss. ~ ~ ~ ~1 A~ t i C . ^ Other On the day of , 20 , at o'clock, M. Defendant not found because: ^ Moved ^ Unknown ^ No Answer ^ Vacant ^ Other REMARKS: ' RETURNED: RENNS NlA 1 ' SO ANSWERS, 4. AFFIRMED and su ~ 15. Si a re Deputy Sheriff 16. Date 17. day of TARIAE. CAI. ,~ NY PU~~1~ ., V ~ /p ~ NN E 18. i r of Sheriff 1 Date ~ 23.2013 20. MY COMMI PI SHERIFF OF L OUNTY 21. I ACKNOWLEDGE RECEIPT OF THE SHE IFF'S RET N SI ATURE 22. Date Received OF AUTHORIZED ISSUING AUTHORITY AND TITLE. WHITE: Prothonotary PINK: Luzerne County Sheriff YELLOW: Attorney In The Court of Common Pleas of Cumberland County, Pennsylvania Kinard Trucking, Inc. Earnest D. Compton 66AA RR2 New Milford, PA 18834 vs. Civil No. 2010-672 Now, February 8, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Susquehanna County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ Sheriff of Cumberland County, PA Affidavit of Service Now, FEBRUARY 12 , 20~L, at 10:20 O'C10Ck q M, served the within COMPLAINT upon EARNEST P COMPTON SUSQUEHANNA COUNTY SHERIFF`S OFFTCF at 11 .•TAPLE STREET, MONTROSE, ~?ONTROSE BOR_nZ70H, SUSOUF,HA.NNA C(?1?NTY, PA by handing to EARNEST PERS(?T?ALLY a CERTIFIED ATTESTED and made known to copy of the original HIi" So answers, Sworn and subscribed efore me this day of ,(,ccu. 20 l0 DEPUTY PROTHONOTARY Sheriff of SU UEHANNA STACEY PHILL~FS, CLERK COSTS SERVICE iQ nn $ MILEAGE~ti n nn n AFFIDAVIT 7 , 50 C(`MPT,A I NT the contents thereof. County, PA 41 SO DEPUTY PROTHONOTARY MY COMMISSION EXPIRES FIRST MONDAY OF JANUARY.. SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE Attorney I.D. No. 49530 1635 Market Street, 71h Floor Philadelphia, PA 19103 (215) 241-8889 ikrawitz@lawsgr.com Kinard Trucking, LLC, Plaintiff, v. r }4. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-672 Civil Earnest Compton and Martini, Inc., V. JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc Dale Cooper, and McElroy Truck Lines, Inc., Ward Trucking, LLC and Larry W. Christian Additional Defendants. ANSWER TO NEW MATTER IN THE NATURE OF CROSSCLAIMS OF ADDITIONAL DEFENDANTS DALE COOPER AND McELROY TRUCK LINES, INC. ON BEHALF OF ADDITIONAL DEFENDANTS MICHAEL CONLEE AND MEADE TRUCKING COMPANY INC. Additional defendants, Michael Conlee and Meade Trucking Company, Inc., by and through their counsel, Spector Gadon & Rosen, P.C., hereby answer the New Matter in the nature of Crossclaims of Additional Defendants Dale Cooper and McElroy Truck Lines, Inc. as follows: 43. Additional defendants Michael Conlee and Meade Trucking Company, Inc. hereby incorporate by reference all of the well-pled averments of their Answer to plaintiff's Complaint as if set forth fully and at length herein. 44. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. 45. Denied in accordance with Rule 1029(c) and (d). To the extent that the allegations of this paragraph state conclusions of law, no response is required. WHEREFORE, additional defendants Michael Conlee and Meade Trucking Company, Inc. hereby demand judgment in their favor and against defendants Martini, Inc., Earnest Compton and additional defendants Dale Cooper, McElroy Truck Lines, Inc., Ward Trucking, LLC and Larry W. Christian together with the costs of suit, including reasonable attorney's fees and other relief as may be just and reasonable. SPECTOR, GADON & ROSEN, P.C. C 1=`FPZY A. KRAWITZ Attorney for Additional Defendants Michael Conlee and Meade Trucking Company, Inc. CERTIFICATE OF SERVICE JEFFREY A. KRAWITZ, ESQUIRE, hereby certifies that he did cause a copy of Answer to Crossclaims of defendants Dale Cooper and McElroy Truck Lines, Inc. on behalf of defendant Michael Conlee to be sent first class mail on March 11, 2011 to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Joseph G. Rattigan, Esquire/John P. Encarnacion, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR, GADON & ROSEN, P.C. B GREY A. k WIT r l_.7' Attorney for Additional tefendants Michael Conlee and Meade Trucking Company, Inc. SPECTOR GADON & ROSEN, P.C. BY: JEFFREY A. KRAWITZ, ESQUIRE LAWRENCE M. SILVERMAN, ESQUIRE Attorney I.D. No. 49530 and 17854 1635 Market Street, 7th Floor Philadelphia, PA 19103 (215) 241-8812 lsilverman(&laws r.com Kinard Trucking, LLC, Plaintiff, v. ",T f 10 110 TA i'll"i 212 11 APR 21 A110:30 1RLr#dD COUNTY ENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-672 Civil Earnest Compton and Martini, Inc., V. JURY TRIAL DEMANDED Michael Conlee, Meade Trucking Company, Inc Dale Cooper, and McElroy Truck Lines, Inc., Ward Trucking, LLC and Larry W. Christian Additional Defendants. WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Additional Defendants, Michael Conlee and Meade Trucking Company, Inc. in connection with the above-referenced matter. SPECTOR GADON &,ROSEN, P.C. KRAWITZ TO THE PROTHONOTARY: Kindly enter the appearance of Lawrence M. Silverman, Esquire on behalf of Additional Defendants, Michael Conlee and Meade Trucking Company, Inc. in connection with the above- referenced matter. SPECTOR, GADON & ROSEN, P.C. BY: DatI ? / LAWRENCE M. SILVERMAN Attorney for Additional Defendants Michael Conlee and Meade Trucking Company, Inc. CERTIFICATE OF SERVICE Lawrence M. Silverman, Esquire, hereby certifies that he did cause a copy of the Withdraw of Appearance of Jeffrey A. Krawitz, Esquire and the Entry of Appearance of Lawrence M. Silverman, Esquire on behalf of Additional Defendants, Michael Conlee and Meade Trucking Company, Inc. to be sent first class mail to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffie 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Joseph G. Rattigan, Esquire/John P. Encarnacion, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 SPECTOR, GADON & ROSEN, P.C. . 1 --I?w (i ------- LAWRENCE M. SILVERMAN Attorney for Additional Defendants Michael Conlee and Meade Trucking Company, Inc. Date: r{ ` &-v ` l( KINARD TRUCKING, LLC, Plaintiff V. EARNEST COMPTON and MARTINI, INC., Defendants V. MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C') ..s CIVIL ACTION - LAW 10-672 Civil NO - 4cz . ca CID JURY OF 12 PERSONS DEMANDED WARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. JURY OF 12 PERSONS DEMANDED Defendants V. SETH W. FELTY, KINARD TRUCKING, INC. and LARRY W. CHRISTIAN ORDER AND NOW, this day of G`?rrl 2011, it is ORDERED that the above- captioned actions shall be consolidated for all purposes and that the subsequent filings shall be to the action docketed to No. 10-672. BY T U J. Distribution: / Angela N. Rainey, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Plaintiff, Ward Trucking, LLC Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner, P.C. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-01018 Counsel for Defendants McElroy Truck Lines, des tl 11 111 op I Inc. and Dale Cooper vl? John F. Fox, Jr., Esquire Fox Greenberg, P.C. 2 Penn Center, Suite 1310 Philadelphia, PA 19102 Counsel for Defendants, Martini, Inc. and Earnest Compton Lawrence M. Silverman, Esquire Spector Gadon & Rosen, P.C. Seven Penn Center 1635 Market Street, Seventh Floor Philadelphia, PA 19103 Counsel for Additional Defendants, Meade Trucking, Inc. and Michael Conlee Doug Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Larry Christian Counsel for Additional Defendant, Ward Trucking, LLC and Larry Christian Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Seth Felty and Kinard Trucking, LLC Jason A. Plaza, Esquire White and Williams LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Counsel for Plaintiff, Kinard Trucking r A Johnson, Duffle, Stewart & Weidner By: Wade D. Manley, Esquire I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com r ii?+V ? iiJ?sQ I1?111 h Luis is" k,? 43,n t Attorneys for Defendant KINARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EARNEST COMPTON and MARTINI, INC., : CIVIL ACTION - LAW Defendants NO. 10-672 Civil MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants JURY OF 12 PERSONS DEMANDED DEFENDANTS', DALE COOPER AND WELROY TRUCK LINES, INC.'s MOTION FOR STATUS CONFERENCE AND NOW, this day of December, 2011, come the Defendants, Dale Cooper and McElroy Truck Lines, Inc., by and through his undersigned attorneys, Johnson, Duffle, Stewart & Weidner, P.C., and files the following Motion for Status Conference and in support thereof avers as follows: 1. The captioned matter has been consolidated by the Honorable Albert Masland with the matter docketed to 10-677. 2. Both actions are negligence property damage claims arising out of the same motor vehicle accident that occurred on January 29, 2008, on northbound Interstate 1-81. 3. Some of the parties involved in both actions have served written discovery on the other parties of record, however it has proven difficult to put together a concerted plan for discovery without Court intervention. 4. The Moving Defendant submits that at this point in the litigation the Plaintiffs have had an ample opportunity to conclude their investigation into their own claims and be in a position to finalize the supporting testimony, experts and documentation to support those claims and therefore move the matter toward resolution. 5. A status conference is requested to set these deadlines for fact discovery, expert discovery and a deadline to list the matters for an arbitration hearing. 6. The Honorable Albert Masland has previously ruled on a Motion to Consolidate these matters. 7. Counsel for all parties have been notified of the filing the instant Motion. WHEREFORE, the Defendants, Dale Cooper and McElroy Truck Lines, Inc., respectfully requests that this Honorable Court enter an Order scheduling a Status Conference. JOHNSON, DUFFIE, STEWART & WEIDNER By: ? o-" / Wade D. M nley, Esquire Attorney I.D. No. 87244 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants, Dale Cooper and DATE: /oX McElroy Truck Lines, Inc., lCS ?? i :464279 15854-3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on the day of December, 2011, addressed to the following: Angela N. Rainey, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Plaintiff, Ward Trucking, LLC John F. Fox, Jr., Esquire Fox Greenberg, P.C. 2 Penn Center, Suite 1310 Philadelphia, PA 19102 Counsel for Defendants, Martini, Inc. and Earnest Compton Lawrence M. Silverman, Esquire Spector Gadon & Rosen, P.C. Seven Penn Center 1635 Market Street, Seventh Floor Philadelphia, PA 19103 Counsel for Additional Defendants, Meade Trucking, Inc. and Michael Conlee Doug Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Larry Christian Counsel for Additional Defendant, Ward Trucking, LLC and Larry Christian Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Seth Felty and Kinard Trucking, LLC Jason A. Plaza, Esq. White and Williams LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Counsel for Plaintiff, Kinard Trucking JOHNSON, DUFFIE, STEWART & WEIDNER By: UV aVI 11 Wade D. Manley jjw fILED-OFFICE OF THE PROTHONOTAR 2911 DEC 21 AM 10: 16 CUM$ER ANU COUNTY PEN SYLVANIA KINARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : EARNEST COMPTON and MARTINI, INC., : CIVIL ACTION - LAW Defendants NO. 10-672 Civil MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants JURY OF 12 PERSONS DEMANDED ORDER AND NOW, this cV day of G 2011, upon consideration of the foregoing Motion for Status Conference, it is ORDERED that a Status Conference is scheduled for 7 201A, at ?.' 0..m. in Courtroom / of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. Distribution: ?Angela N. Rainey, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Plaintiff, Ward Trucking, LLC &p ies Ma, ed VJohn F. Fox, Jr., Esquire Fox Law, P.C. Two Logan Square, Suite 2030 100 North 18 Street Philadelphia, PA 19103 Counsel for Defendants, Martini, Inc. and Earnest Compton V Lawrence M. Silverman, Esquire Spector Gadon & Rosen, P.C. Seven Penn Center 1635 Market Street, Seventh Floor Philadelphia, PA 19103 Counsel for Additional Defendants, Meade Trucking, Inc. and Michael Conlee Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Seth Felty and Kinard Trucking, LLC Jason A. Plaza, Esq. White and Williams LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Counsel for Plaintiff, Kinard Trucking Doug Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Ward Trucking, LLC and Larry Christian Wade D. Manley, Esquire I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 Counsel for Additional Defendants, Dale Cooper and McElroy Truck Lines, Inc. &,P; e6 AiQ - 7,0( a'id' r?-, G T H'j IN THE COURT OF COMMON PLEAS i rr 13 TA e CUMBERLAND COUNTY, PENNSYLVANIAZ9`2 M, 10 All 8: I, KINARD TRUCKING, LLC CUMBERLAND COUNT Y Plaintiff PENNSYLVANIA V. EARNEST COMPTON and MARTINI, INC. CIVIL ACTION - LAW Defendants No. 10-672 MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC, and LARRY W. CHRISTIAN Additional Defendants ORDER AND NOW, the day of Z, Gt may" 2012, upon consideration of the agreement of all parties, it is ORDERED that the Stat4Conference scheduled for January 17, 2012 at 8:30 a.m. is rescheduled for March 12, 2012 at 11:00 a.m. in Courtroom / of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: Distribution: ,/Douglas B. Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Counsel for Plaintiff Ward Trucking, LLC and Additional Defendants, Ward Trucking, LLC and Larry Christian Wade Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043 Counsel for Additional Defendants Dale Cooper and McElroy Truck Lines, Inc. John F. Fox, Jr. Fox Greenburg, P.C. 2 Penn Center Suite 1310 Philadelphia, PA 19102 Counsel for Defendants Martini, Inc. and Earnest Compton Lawrence Silverman, Esquire Spector, Gadon, Rosen, P.C. 1635 Market Street, 7t' Floor Philadelphia, PA 19103 Counsel for Additional Defendants Meade Trucking, Inc. and Michael Conlee ? Jason A. Plaza, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 Counsel for Plaintiff Kinard &pie- 'jam I 11?f lat R1Gti J KINARD TRUCKING, LLC, PLAINTIFF V. EARNEST COMPTON AND MARTINI, INC., DEFENDANTS V. MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC AND LARRY W. CHRISTIAN, ADDITIONAL DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-672 CIVIL TERM IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this /112 day of March, 2012, following a status conference we ORDER AND DIRECT that this matter proceed as follows: 1. All discovery shall be concluded by September 30, 2012. 2. Plaintiff will supply the parties with copies of his expert reports by October 31, 2012. 3. Defendants shall supply the parties with copies of their expert reports by November 30, 2012. 4. The parties shall list this matter for trial no later than the February 2013 term of court, which is tentatively scheduled to begin on February 25, 2013. By the Court, Albert H. Masland, J. rnco := °; - rn rn - .. cn r )> ,? CD c < to w?c; ?c o - John F. Fox, Jr., Esquire Two Logan Square, Suite 2030 100 North 18th Street Philadelphia, PA 19103 For Martini, Inc. and Earnest Compton .`/Lawrence M. Silverman, Esquire Seven Penn Center 1635 Market Street, Seventh Floor Philadelphia, PA 19103 For Meade Trucking, Inc. and Michael Conlee Sonya Kivisto, Esquire 1200 Walnut Bottom Road, Suite 331 Carlisle, PA 17015 For Seth Felty and Kinard Trucking, LLC /Jason A. Plaza, Esquire 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 For Kinard Trucking V Doug Marcello, Esquire 1200 Walnut Bottom Road, Suite 331 Carlisle, PA 17015 For Ward Trucking, LLC and Larry Christian ? Wade D. Manley, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Dale Cooper and McElroy Truck Lines, Inc. saa &Pies y„ t a-.1 ed -311311.-2 SPECTOR GADON & ROSEN, P.C. BY: LAWRENCE M. SILVERMAN, ESQUIRE Attorney I.D. No. 17854 1635 Market Street, 7`h Floor Philadelphia, PA 19103 (215) 241-8812 Isilverman(& Iawsgr.com KINARD TRUCKING, LLC COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PA V. CIVIL NO.: 10-672 Civil EARNEST COMPTON and MARTINI, INC Defendants V. JURY TRIAL DEMANDED MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, MCELROY. C TRUCK LINES, INC., WARD TRUCKING, LLC., 3 ,. > LARRY W. CHRISTIAN Mco ?; Additional Defendants. Nr N ? , .7? m -! C WARD TRUCKING, LLC T Plaintiff, y, c n -X :"= ^• EARNEST COMPTON and MARTINI, INC MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, MCELROY. TRUCK LINES, INC., Defendants V. SETH W. FELTY, KINARD TRUCKING, INC., and LARRY W. CHRISTIAN WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants Meade Trucking Company, Inc. and Michael Conlee in connection with the above-referenced matter. SPECTOR GADON & RO , P.C. r B . LAWRENCE M. SILVERMAN MCCUMBER, DANIELS, BLINTZ, HARTIG & PUIG, P.A. BY: LAWRENCE M. SILVERMAN I.D. Nos.: 17854 1400 South Trooper Road Suite 102 Eagleville, PA 19403 610-650-0871 KINARD TRUCKING, LLC Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-672 Civil EARNEST COMPTON and MARTINI, INC Defendants V. MICHAEL CONLEE, MEADE TRUCKING JURY TRIAL DEMANDED COMPANY, INC., DALE COOPER, MCELROY. 5 TRUCK LINES, INC., WARD TRUCKING, LLC., c 7 ` ' LARRY W. CHRISTIAN -? Y, Additional Defendants. xrn -n : r ^ 7J -- ;V ttrY! r ??- WARD TRUCKING, LLC -< Q' ' Plaintiff, c? V. X C) r 0 C«3 L`5 . EARNEST COMPTON and MARTINI, INC -° MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, MCELROY. TRUCK LINES, INC., Defendants V. SETH W. FELTY, KINARD TRUCKING, INC., and LARRY W. CHRISTIAN ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Lawrence M. Silverman, Esquire on behalf of the Defendants Meade Trucking Company, Inc. and Michael Conlee in the above-referenced action. MCCUMBER, DANIELS, BLINTZ, HARTIG & PUIG, P.A. By: ?G 'LAWRENCE M. SICVERMAN Attorney for Defendants Meade Trucking Company, Inc. and Michael Conlee CERTIFICATE OF SERVICE Lawrence M. Silverman, Esquire, hereby certifies that he did cause a copy of the Withdraw of Appearance and the Entry of Appearance of Lawrence M. Silverman, Esquire on behalf of Additional Defendants, Michael Conlee and Meade Trucking Company, Inc. to be sent first class mail to the following: Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Wade D. Manley, Esquire Law Office Johnson Duffle 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 19102-1722 Jason A. Plaza, Esquire White and Williams, LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 MCCUMBER, DANIELS, BLINTZ, HARTIG PUIG, P.A. I 1 By: LAWRENCE M. SILVERMAN Attorney for Defendants Meade Trucking Company, Inc. and Michael Coulee MCCUMBER DANIELS BLINTZ H.ARTIG &PUIG, P.A BY: LAWRENCE M. SILVERMAN, ESQUIRE Attorney I.D. No. 17854 1400 S. Trooper Road, Suite 102 Eagleville, PA 19403 610-650-0871 lsilverman@mccumberdaniels.com KINARD TRUCKING, LLC Plaintiff, v. EARNEST COMPTON and MARTINI, INC Defendants v. MICHAEL CONLE>~;, MEADE TRUCKING COMPANY, INC., DALE COOPER, MCELROY. TRUCK LINES, INC'., WARD TRUCKING, LLC., LARRY W. CHRISTIAN Additional Defendants. WARD'TRUCKING, LLC Plaintiff, v. EARNEST COMPTON and MARTINI, INC MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, MCELROY TRUCK LINES, INC., Defendants v. SETH Vl-'. FELTY, KINARD TRUCKING, INC., and LARRY W CHRISTIAN '_ J ~ ,~:~1~~~ ~ ^~T r, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL NO.: 10-672 Civil JURY TRIAL DEMA?~i~JED WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendants Meade Trucking Company, Inc. and Michael Conlee in connection with the above-referenced matter. MCCUMBER DANIELS BLINTZ HARTIG &PUIG, P.A By: ~ ~-~ LAWRENCE M. SILVERMAN LITCHFIELD CAVO, LLP BY: LAWRENCE M. SILVERMAN I.D. No.: 17854 1515 Market Street Suite 1130 Philadelphia, PA 19102 215-999-5761 silverman(a~litchfieldcavo.com KINARD TRUCKING, LLC Plaintiff, v. ;.. E ~ , b ., ,;.. c ~ ', ~ yF: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVILNO.: 10-672 Civil EARNEST COMPTON and MARTINI, INC Defendants v. MICHAF,L CONLEE, MEADS TRUCKING COMPANY, INC., DALE COOPER, MCELROY. TRUCK LINES, INC,, WARD TRUCKING, LLC., LARRY' W. CHRISTIAN Additional Defendants. JURY TRIAL DEMA1`'DED WARD TRUCKING, LLC Plaintiff, v. EARNEST COMPTON and MARTINI, INC MICHAEL CONLEE, MEADS TRUCKING COMPANY, INC., DALE COOPER, MCELROY. TRUCK LINES, INC'., Defendants v. SETH Vl-'. FELTY, KINARD TRUCKING, INC., and LARRY W. CHRISTIAN E:KTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Lawrence M. Silverman, Esquire on behalf of the Defendants Meade Trucking Company, Inc. and Michael Conlee in the above-referenced action. LITCHFIELD CAVO, LLP ~'~ ,. LAWRENCE M. SILV AN Attorney for Defendants Meade Trucking Company, Inc. and Michael Conlee CERTIFICATE OF SERVICE Lawrence M. Silverman, Esquire, hereby certifies that he did cause a copy of the Withdraw of Appearance and the Entry of Appearance of Lawrence M. Silverman, Esquire on behalf of Additional Defendants, Michael Conlee and Meade Trucking Company, Inc. to be sent first class mail to the following: Sonya Kivisto, Esquire Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 17015 Douglas Marcello, Esquire Marcello &Kivisto, LLC 1200 Walnut Bottom Road Third Floor, Suite 331 Carlisle, PA 1701 S Wade D. Manley, Esquire Law Office Johnson Duffle 3 01 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 John F. Fox, Jr., Esquire Fox Greenberg 1310 Two Penn Center 1500 John F. Kennedy Blvd. Philadelphia, PA 191(12-1722 Jason A. Plaza, Esquire White and Williams., LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103 LI'TCHFIELD CAVO, LLP AWRENCE M. S LVERMAN Attorney for Defendants Meade Trucking Company, Inc. and Michael Conlee r n J d qq i. rL0 I Ui IAii j: 20 13'J'A N 28 F f i KINARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EARNEST COMPTON and MARTINI, INC., : CIVIL ACTION - LAW Defendants V. MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants NO. 10-672 Civil JURY OF 12 PERSONS DEMANDED WARD TRUCKING, LLC, v. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. Defendants v. SETH W. FELTY, KINARD TRUCKING, INC. and LARRY W. CHRISTIAN JURY OF 12 PERSONS DEMANDED PRAECIPE FOR LISTING CASE FOR ARGUMENT C4'# 2/a ao°l ag5?8f 124 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) (Please see attached Cover Sheet) vs. (Please see attached Cover Sheet) No. 10-672 CIVII Term 1 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants, Dale Cooper and McElroy Truck Lines, Inc.'s Motion for Summary Judgment 2. Identify all counsel who will argue cases: (a) for plaintiffs: Plaintiff Kinard Trucking - Jason Plaza, Esq., White and Williams, LLP, 1650 One Liberty Plaza, Suite 1800, Philadelphia, PA 19103 (Name and Address) Plaintiff Ward Trucking, LLC - Douglas B. Marcelo, Marcello 8 Kivisto, LLC, 1200 Walnut Bottom Rd., 3rd Floor, Ste. 331, Carlisle, PA 17015 (b) for defendants: Defendants Dale Cooper and McElroy Truck Lines, Inc. - Wade D. Manley, Esq., Johnson Duffle, 301 Market Street, Lemoyne, PA 17043 (Name and Address) See attached List of Counsel for all counsel in this matter 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: February 15, 2013 AANN Signature WoLdi Motet ?wl Print your name Defendants Dale Cooper and McElroy Truck Lines, Inc. January 25, 2013 Attorney for Date: INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. KINARD TRUCKING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EARNEST COMPTON and MARTINI, INC., : CIVIL ACTION - LAW Defendants V. MICHAEL CONLEE, MEADE TRUCKING COMPANY, INC., DALE COOPER, McELROY TRUCK LINES, INC., WARD TRUCKING, LLC and LARRY W. CHRISTIAN Additional Defendants NO. 10-672 Civil JURY OF 12 PERSONS DEMANDED WARD TRUCKING, LLC, V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EARNEST COMPTON, MARTINI, INC., MICHAEL CONLEE, MEADE TRUCKING NO. 10-677 Civil COMPANY, INC., DALE COOPER and McELROY TRUCK LINES, INC. V. Defendants SETH W. FELTY, KINARD TRUCKING, INC. and LARRY W. CHRISTIAN JURY OF 12 PERSONS DEMANDED LIST OF COUNSEL Angela N. Rainey, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Plaintiff, Ward Trucking, LLC Doug Marcello, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant Christian Counsel for Additional Defendant, Trucking, LLC and Larry Christian John F. Fox, Jr., Esquire Fox Greenberg, P.C. 2 Penn Center, Suite 1310 Philadelphia, PA 19102 Counsel for Defendants, Earnest Compton Martini, Inc. and Lawrence M. Silverman, Esquire McCumber, Daniels, Buntz, Hartig & Puig, P.A. 1400 South Trooper Road, Ste. 102 Larry Eagleville, PA 19403 Counsel for Additional Defendants, Meade Ward Trucking, Inc. and Michael Conlee Sonya Kivisto, Esquire Marcello & Kivisto, LLC 1200 Walnut Bottom Rd., Suite 331 Carlisle, PA 17015 Counsel for Additional Defendant, Seth Felty and Kinard Trucking, LLC Wade D. Manley, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Additional Defendants, Dale Cooper and McElroy Truck Lines, Inc. Jason A. Plaza, Esquire White and Williams LLP 1650 Market Street One Liberty Place, Suite 1800 Philadelphia, PA 19103-7395 Counsel for Plaintiff, Kinard Trucking CERTIFICATE OF SERVICE AND NOW, this 25 day of January, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe for Listing Case for Argument upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Angela N. Rainey, Esquire John F. Fox, Jr., Esquire Marcello & Kivisto, LLC Fox Greenberg, P.C. 1200 Walnut Bottom Rd., Suite 331 2 Penn Center, Suite 1310 Carlisle, PA 17015 Philadelphia, PA 19102 Counsel for Plaintiff, Ward Trucking, LLC Counsel for Defendants, Martini, Inc. and Earnest Compton Doug Marcello, Esquire Marcello & Kivisto, LLC Lawrence M. Silverman, Esquire 1200 Walnut Bottom Rd., Suite 331 McCumber, Daniels, Buntz, Hartig & Puig, P.A. Carlisle, PA 17015 1400 South Trooper Road, Ste. 102 Counsel for Additional Defendant, Larry Eagleville, PA 19403 Christian Counsel for Additional Defendants, Meade Counsel for Additional Defendant, Ward Trucking, Inc. and Michael Conlee Trucking, LLC and Larry Christian Sonya Kivisto, Esquire Jason A. Plaza, Esquire Marcello & Kivisto, LLC White and Williams LLP 1200 Walnut Bottom Rd., Suite 331 1650 Market Street Carlisle, PA 17015 One Liberty Place, Suite 1800 Counsel for Additional Defendant, Seth Felty Philadelphia, PA 19103-7395 and Kinard Trucking, LLC Counsel for Plaintiff, Kinard Trucking JOHNSON, DUFFIE, STEWART & WEIDNER By_ (LUfA44 141 Wade D. Manle :536512 15854-2